We use cookies to improve the functionality and performance of this site. By continuing to use this site, you are providing us with your consent to our use of cookies on the site. Please see our Privacy Policy for details.

Kerry has defended employers in litigation from inception through trial before federal and state trial courts, courts of appeals, the Occupational Safety and Health Review Commission, the National Labor Relations Board and arbitration tribunals throughout the United States.

Kerry counsels employers on compliance with federal and state employment and labor laws, such as the ADA, ADEA, FMLA, OSHA, FLSA, NLRA, Title VII of the Civil Rights Act of 1964, other state and local statutes, and various other common law torts and employment contractual disputes. Kerry has conducted internal investigations and audits on independent contractor and overtime exempt status, sexual harassment, discrimination, and other sensitive matters.

Under OSHA, Kerry defends clients against whistleblower allegations and willful, serious and repeat citations before the OSHA Review Commission. Kerry also counsels clients in the event of a workplace fatality or catastrophic event, as well as provide general compliance counseling and advice concerning OSHA inspections, investigations and regulatory compliance.

Résultats

Served as counsel before the Occupational Safety and Health Review Commission, which resulted in an 18-day trial and complete dismissal of General Duty citation involving heat illness*

Served as counsel before the US Court of Appeals of the Seventh Circuit and successfully overturned a decision of the Occupational Safety and Health Review Commission involving injury and illness recordkeeping obligations*

Served as counsel in FINRA arbitration, which resulted in a complete defense verdict where actual damages exceeded $50 million*

Served as counsel and obtained summary judgment in employment cases involving retaliation, discrimination and harassment*

Served as counsel and obtained dismissal of whistleblower complaints before federal and state agencies alleging violations of OSHA, the False Claims Act, AIR21, SOX, STAA, FRSA and state whistleblower statutes*

*Matter handled prior to joining McDermott

Diplômes et Références

Formation

University of Wisconsin Law School, JD and MA, magna cum laude, Order of the Coif, 2010